Although the plaintiff challenged the United States Citizenship & Immigrations Services’ denial of his application for adjustment of his status, he lacked standing because even if he were to be declared an arriving alien, it would not redress his claimed ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

Because the defendant in the insurance coverage dispute repeatedly failed to correct its discovery deficiencies, its ability to rely on its discovery responses was limited and the plaintiff may seek recovery of its own fees and costs. Background On or ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District

Where the owner of a patent for a radiation shield provided a distributor with products to use for a demonstration and copyrighted photos to use in its marketing materials and the distributor then altered the photographs to sell its own ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where an employee signed an offer letter extended by the company that had acquired the company she had been working for, her agreement to the jury waiver contained within the offer letter was voluntary even though she would have missed ...

Tagged with: Employment Judge T.S. Ellis III U.S. District Court - Eastern District

A claim for breach of a collective bargaining agreement, or CBA, failed as a matter of law because the CBA had expired. And, because the CBA had expired, and thus there could be no claim for failure to provide fair ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

Plaintiffs were entitled to a default judgment on their claims that defendant breached a collective bargaining agreement by failing to make required contributions to employee benefit plans and failing to submit necessary documents to conduct a payroll review because the ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District